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BOA agenda 031218-cancelled
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BOA agenda 031218-cancelled
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3/12/2018 1:47:24 PM
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3/12/2018 1:37:36 PM
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BOCC
Date
3/12/2018
Meeting Type
Regular Meeting
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Agenda
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DRAFT June 12, 2017 <br />2 <br />Michael Harvey: Yes. Your original November decision and then the March decision have both been 1 <br />appealed. There is no timeline for when that gets calendared that is up to all parties that is Ms. Brown, Mr. 2 <br />Petesch and of course the judge. The County Attorney’s office is obviously coordinating with Ms. Brown the 3 <br />defense the Boards action. 4 <br /> 5 <br />Matt Hughes: And because we are the ones being sued, will there be outside counsel? 6 <br /> 7 <br />Michael Harvey: Appealed. 8 <br /> 9 <br />Matt Hughes: Appealed, sorry. Will there be outside counsel? I can’t remember how you said that would 10 <br />work when one of our things was appealed to superior court. 11 <br /> 12 <br />Michael Harvey: I haven’t been given the impression it is going to be outside counsel. Obviously, Ms. 13 <br />Petesch is appealing the decision for his client. Ms. Brown and the County Attorney’s office are going to be 14 <br />defending the board’s action. So it is a joint effort amongst both parties. 15 <br /> 16 <br />Matt Hughes: Okay 17 <br /> 18 <br />Michael Harvey: Ms. Brown, obviously has an interest in the stake of defending the decision this board and 19 <br />those in its favor. 20 <br /> 21 <br />Matt Hughes: Both times 22 <br /> 23 <br />Michael Harvey: Yes, but no there is no timeline to give you. 24 <br /> 25 <br />Matt Hughes: Okay 26 <br /> 27 <br />Michael Harvey: A direct answer to that. 28 <br /> 29 <br />Matt Hughes: And is it proper/improper that once that is calendared, if we attend in the audience. 30 <br /> 31 <br />Michael Harvey: Nothing is improper it is a public hearing. Well sorry, that is not true it is an open preceding 32 <br />in court. 33 <br /> 34 <br />Matt Hughes: Okay 35 <br /> 36 <br />Barry Katz: Will that be here in Orange County? 37 <br /> 38 <br />Michael Harvey: It will in Orange County Superior Court, yes sir. We can keep you abreast of the findings. 39 <br /> 40 <br />Barry Katz: Yeah, that would be nice. 41 <br /> 42 <br />Michael Harvey: But it is an open preceding, meaning the public can attend. I would defer to the county 43 <br />attorney’s advice in terms in giving you input on attendance or non-attendance. The issue I have whether, 44 <br />one main concern I have, which may be unfounded is that if there is a certain number of you that 45 <br />constitutes a quorum of the Board of Adjustment. It could be argued that is now a meeting. 46 <br /> 47 <br />Matt Hughes: It would just take three of us. 48 <br /> 49 <br />196 of 200
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